What if I was shopping at a store and got injured while trying out a product? 30 Answers as of February 03, 2012
I was shopping at store for kitchen tables. I found a nice table set with tall chairs like bar stools. When I went to sit on the chair, I fell 3 plus feet to the ground hurting my back. The store has taken liability and I have been contacted by (chartis) which is the insurance company. They told me to seek more doctor approval, but I have no insurance then they said they could do a claim for future medical expenses but they have been waiting on my medical bills for over 4 months. This happend in September. I'm still experiencing numbness in my right leg along with tingling back pains and headaches. These sometimes hinder my everyday tasks like my job.Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereThe Law Firm of Reed & Mansfield | Jonathan C. Reed
The conclusion that the store "has taken liability" may not be correct. First, many people without legal representation mistake a polite effort to collect medical information as an interest in making a fair settlement. Second, what Chartis considers a "fair settlement" may be less than what actually is a fair settlement. Make sure the statute of limitations does not run while you are chatting with the insurance company.
Answer Applies to: Nevada
Replied: 2/3/2012
Atterbury, Kammer & Haag | Eric J. Haag
Yes, you can bring a claim for those injuries. However, before you settle your case, you really should see a doctor because it sounds like you may have some disc involvement. You cannot properly value your claim without knowing the extent of your injuries. Even without health insurance, you may be able to arrange to see a doctor for evaluation of those symptoms.
Answer Applies to: Wisconsin
Replied: 2/3/2012
Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
Get a lawyer experienced in personal injury claims IMMEDIATELY! The liability insurer will string you along until the statute of limitations date passes then give you nothing. Common trick unfortunately happens often.
Answer Applies to: Georgia
Replied: 2/3/2012
Goodman & Goodman PA | Bruce Elliott Goodman
No insurance company or attorney can evaluate a claim if you have not gotten any medical treatment. The store might carry medical reimbursement insurance which might reimburse you for your medical bills regardless of liability. You should seek medical treatment and speak with a lawyer immediately.
Answer Applies to: Maryland
Replied: 2/2/2012
Lombardi Law Firm | Steve Lombardi
Does the doctor say you have a serious injury, one requiring surgery? If not your claim is limited to pain and suffering damages, medical expense, wage loss, reduced earning capacity and permanent disability. The amount of compensation you are entitled to will be defined by what the doctors say in their opinions about how serious of a medical condition you have.
Answer Applies to: Iowa
Replied: 2/2/2012
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Your fact statement says nothing about the cause of your fall. If the store or the manufacturer was negligent that is one thing But if you fell because of your own carelessness in NC you could not recover damages But if the store has medical payments insurance that may be paid to you regardless of fault. To get beyond medical bills in NC you must show fault on the other party and no fault on your part.
Answer Applies to: North Carolina
Replied: 2/2/2012
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
First of all you should not rely on the insurance company making you any offers on their own. You need to substantiate your injuries by receiving medical treatment. You should contact a lawyer as soon as possible to discuss your case. A lawsuit is divided into two parts. One how the accident occurred and is can negligence on the defendant be proven and the second part is what happened to you. What are your injuries and what medical treatment did you have to prove your medical injuries. This is needed to prove damages so a settlement amount can be determined. You should contact a lawyer as soon as possible to discuss the facts of the case to determine if there is negligence.
Answer Applies to: New York
Replied: 2/2/2012
David F. Stoddard | David F. Stoddard
An attorney may be able to help you get medical treatment where the doctor agrees to be paid later out of your settlement. It may be difficult to estimate future medical treatment if you have not reached maximum medical treatment, meaning, your condition is stable, and you are released from the doctor.
Answer Applies to: South Carolina
Replied: 2/2/2012
Bernard Huff, Attorney/Mediator | Bernard Huff
You will need medical documentation to substantiate your injuries. Consult with and/or retain a plaintiff's accident lawyer for specific legal advice and direction.
Answer Applies to: Indiana
Replied: 2/2/2012
Andrew T. Velonis, P.C. | Andrew Velonis
Call your doctor's offices and tell them that you are coming in to get copies of your bills, then go and get them. Today. Get the bills to the insurance company. If you can, deliver them personally. Otherwise, get copies made, fax them in and mail them also. Today. Then call the insurance company and confirm that they have received them. You have to run them out of excuses. I'm not sure what "more doctor approval" means in the context of your question, but find out and get it done. Take charge. No one is going to believe that you have been suffering for 4 months just waiting for someone else to do something about it.
Answer Applies to: New York
Replied: 2/2/2012
Kelaher Law Offices, P.A. | James P Kelaher
If you're still experiencing tingling in a lower extremity, you may have suffered a lumbar disc injury. I would consult with an orthopedic surgeon who does handle back cases (not all of them do so ask before you make an appointment) and I'll bet the orthopedist refers you out for a lumbar MRI. You may have suffered a significant permanent injury so before you sign anything with the insurance company which might release them from your claim, make sure that you have a medical opinion from a qualified doctor that you're OK. Don't hesitate to consult a good personal injury lawyer, either, because he or she will only charge you if they get a recovery for you.
Answer Applies to: Florida
Replied: 2/2/2012
Carter Boyle LLC | Nelson Boyle
You need to have a lawyer help with your claim. The insurance company is not likely to give you a fair settlement without a lawyer's help. Their job is to pay as little as possible to settle your claim. You should call a lawyer and ask for a free consultation to go over the facts and get their help.
Answer Applies to: Colorado
Replied: 2/2/2012
Counard & Heilmann Law Office | Michael Heilmann
You have not provided any information to suggest the store is responsible for your injury. What did the store do that was unreasonable. No one is going to pay for any medicals unless and until you prove what they did was unreasonable. Mere proof of injury is insufficient.. Sorry.
Answer Applies to: Michigan
Replied: 2/2/2012
Law Office of Mark J. Leonardo | Mark Leonardo
You have a viable premises liability claim it appears. Not sure from your description how you fell. If you have a lawyer, he or she would probably arrange for you to get medical care on a lien basis which gets paid when you settle. If you do this on your own Chartis will certainly low-ball you. You should shop for a lawyer that handles premises liability cases on a contingency basis.
Answer Applies to: California
Replied: 2/2/2012
Attorney at Law | Ernest Krause
I think you need some attorney advice. Google "State Bar Lawyer Referral Service [your county name]". They have a panel of personal injury attorneys. Free half-hour consultation. You really need a doctor's opinion about your future condition.
Answer Applies to: California
Replied: 2/2/2012
DEAN T. JENNINGS, P.C. | Dean T Jennings
You have two years to file the case or settle it. You must prove the medical expenses and it sounds like you might have a herniated disc that is pinching the nerve and that may require surgery. Get to the best neurosurgeon you can and get examined work at a payment arrangement with the doctor and get a lawyer right now who will take the case on a contingent fee arrangement. Meaning if the lawyer gets you some money they take a percentage (usually 33%) if they don't get you any money you don't owe the lawyer for his time and efforts.
Answer Applies to: Iowa
Replied: 2/1/2012
Law Office of Jared Altman | Jared Altman
Yes, you may have a claim. It all depends on exactly why you fell. If the store was at fault, then you have a claim. Was the chair broken? Did a salesperson poorly locate it for you? Was the floor uneven? Did the chair roll or slide? Did it tip over or collapse? Did you slip off it or did the chair go down too? Did you jus miss it when you tried to sit down?
Answer Applies to: New York
Replied: 2/1/2012
Parks Law Group | Melinda J. Parks
Based on the limited facts, you may have a claim not only for future damages but also for pain and suffering. The insurance company will most likely try to settle with you for as little as possible and not account for the pain and suffering. You should speak to an attorney, as they may be able to help you get treatment by providing a letter of protection (protecting the medical provider's right to payment) to your doctor.
Answer Applies to: Alabama
Replied: 2/1/2012
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
You need an attorney. You also need to get the medical attention you require in order to maintain or restore your good health. You have a legal duty to mitigate your damages, which includes obtaining reasonable medical care.
Answer Applies to: Washington
Replied: 2/1/2012
Attorney at Law | Dorinda Ohnstad
Best thing is to hire an attorney (who will take it on a contingency fee basis - meaning take a percentage of your recovery with no upfront fees to you) to ensure things happen as they need to and that you get the best settlement you're entitled to. The insurance company is not going to be concerned with your rights, only that of their insured.
Answer Applies to: California
Replied: 2/1/2012
Passen Law Group | Matthew Passen
There are doctors who will see you based on a "medical lien" - they will bill the other insurance company or send a lien to your lawyer. You should not settle without knowing the full extent of your injury. It makes sense to hire a lawyer.
Answer Applies to: Illinois
Replied: 2/1/2012
Adler Law Group, LLC | Lawrence Adler
Putting aside the legal claim, you should seek medical treatment to avoid a slide onto serious permanent problems. You should meet with a lawyer who has a relationship with doctors that will agree to take a lien and be paid at the end of your case. Please feel free to call us. Your settlement should come after you are at maximum medical improvement. You can not go back for more money if you have a more serious problem from this later. The settlement also should include pain and suffering.
Answer Applies to: Connecticut
Replied: 2/1/2012
Colling Gilbert Wright & Carter | Melvin B. Wright
Evaluation of your case would require more details. They store may be liable and may be telling you they accept liability but they will not likely continue to do so. You need treatment now, not 4 years from now when they finally get around to making an offer, if ever. You need a lawyer to do a full review of your case, and help you find a doctor.
Answer Applies to: Florida
Replied: 2/1/2012
Law Offices of Tom Patton | Thomas C. Patton
The store may be liable for displaying a defective product, or displaying that product in a dangerous manner. Some retail stores have "med-pay" insurance to cover medical expenses. You should speak to an attorney. Most accident attorneys offer free initial consultation.
Answer Applies to: Oregon
Replied: 2/1/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You have an obligation to minimize [its called mitigate] your injuries. You need to see a doctor.. Many will take a lien.
Answer Applies to: California
Replied: 2/1/2012
Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
The statute of limitations for a personal injury case is two(2) years so you have time. If you are experiencing numbness in your leg you may have a disc problem caused by the fall. Do not be in a hurry to settle your case and seriously consider hiring an attorney to represent you. If the insurance company will pay for future medical expenses be very careful in terms of what you sign. Your injury may not have seemed serious at the time but based upon your description of your symptoms you may have an injury that causes you some long term disability, especially with regard to work. There are various aspects to a claim including pain and suffering and loss of normal enjoyment of life(non-economic damages) and economic damages for medical expense and lost income. I suggest you consult with an attorney in your area before you have any other communication with the insurance company so you do not harm or prejudice your case.
Answer Applies to: Ohio
Replied: 2/1/2012
The Margolis Firm | Charles J. Candiano
The numbness in your leg is a classic symptom of a lumbar disc injury. This could be a permanent injury. You need an orthopaedic work-up and probably an MRI for a definitive diagnosis. If you have no insurance, you should seek care from Stroger hospital or some other public institution. If you can, you want to avoid having a provider "hold" the bill. This places a lien on your case and greatly increases the amount you will have to pay. This is complicated and would be much better handled by an attorney. Any experienced personal injury attorney would be pleased to discuss your case without charge. I strongly recommend that you find an attorney you are comfortable with and let them guide you through this.
Answer Applies to: Illinois
Replied: 2/1/2012
Gilbert & Bourke, LLP | Brian J. Bourke
You should consult with a personal injury attorney without further delay. They can refer you to doctors who may provide you the treatment you need on a Lien basis, that is, the doctors would treat you now and agree to be paid from your settlement.
Answer Applies to: California
Replied: 2/1/2012
Paris Blank LLP | Irving M Blank
You better get a lawyer who is experienced in premise liability claims and you better get one quickly.
Answer Applies to: Virginia
Replied: 2/1/2012




















